2024 (8) TMI 251

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....R.GP) JUDGMENT A.Muhamed Mustaque, Acg.C.J. There are two questions to be decided in this matter. One is in regard to the application of limitation for arbitration under the National Highway Act. The second question is whether the writ petition is maintainable, challenging a decision of the Arbitrator under the National Highway Act, 1956, in a petition filed under Article 226 of the Const....

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....he National Highway Authority, the appellant in this case that a Division Bench of this Court has set aside the judgment of this Court in W.P.(C)No.21796/2019 in writ appeal No.1364/2020. 4. On the ground of limitation, for clarity, we refer to the relevant statutory provision. Under Section 3G (5) of the National Highway Act, it is stipulated as follows: "Section 3G(5) If the amount d....

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....limitation would apply to all arbitrations. However, Section 2(4) of Part -I of Arbitration and Conciliation Act, reads as follows: "This Part except sub-section (1) of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an ....